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A work permit is issued by the voivod at the request of the employer. A foreigner must apply for a residence permit himself, so that he can legally work in Poland on the basis of a work permit (up to 3 months is possible to work under visa-free travel, if such a solution has been introduced for a given country).
The work permit specifies the employer, position or type of work performed by the foreigner, the lowest remuneration that a foreigner can receive in a given position, working time and the period of validity of the permit.
A work permit is not issued if: the foreigner does not meet certain requirements, has been punished for certain crimes, or if his/her personal data has been included in the list of foreigners whose stay on the territory of the Republic of Poland is undesirable.
There are several types of work permits (A,B,C,D,E,S). Authorization procedures and criteria vary according to the type of authorization:
Type A permit is issued for a period of up to 3 years, but this period may be shortened, according to the criteria set out in local regulations, i.e. in the so-called voivodeship criteria, issued by the voivode.
Posted workers must be provided with employment conditions not worse than those specified in the Polish labor legislation in areas such as working time, overtime, minimum wage, occupational health and safety, parental rights, etc.
In addition, third-country nationals posted to Poland should receive remuneration at a level not lower than 70 % of the average wage in the region in which they are to work.
The foreign employer is obliged to appoint a representative in Poland who collects basic documents related to employment, enabling checking whether the above-mentioned the conditions have been met (time records, contracts, proofs of payment, etc.).
Seasonal work is work performed: for a period not longer than 9 months in a calendar year, as part of activities recognized as seasonal. These are selected activities in the field of agricultural crops and animal husbandry, as well as accommodation and catering services (25 subclasses in section A: agriculture, forestry, hunting and fishing, and 4 subclasses in section I: accommodation and food service activities).
Seasonal work of a foreigner is not allowed on the basis of a declaration entered the register of declarations. It is possible only on the basis of a seasonal work permit (unless the foreigner you want to employ is exempt from the obligation to have a work permit).
An employer may conclude with a foreigner both an employment contract and a civil law contract (e.g. contract of mandate, contract for specific work). The contract should be concluded in writing.
The remuneration offered under the employment contract may not be lower than the minimum wage (in 2023 - PLN 3,490 PLN), and under the contract of mandate not lower than the minimum hourly rate (in 2023 - PLN 22.30 PLN)
An employer who employs a foreigner is obliged to:
An employer who employs a foreigner on the basis of a work permit has the same obligations towards him as towards a Polish citizen. And so:
A work permit entitles you to perform work only for the employer indicated in the permit. In order to work for another employer, the new employer must apply for a new work permit.
A work permit in Poland entitles you to work only on Polish territory. If a foreigner wants to work in another country, he must apply for a permit in that country.
Illegal performance of work by a foreigner is a misdemeanour - a foreigner is liable to a fine of PLN 1,000 to PLN 5,000.